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Effectiveness of EU Regulations in the Context of Local Realities Journal of Environmental Management 287 (2021) 112270 Contents lists available at ScienceDirect Journal of Environmental Management journal homepage: http://www.elsevier.com/locate/jenvman Research article Protection of drinking water resources from agricultural pressures: Effectiveness of EU regulations in the context of local realities Susanne Wuijts a,b,*, Jacqueline Claessens a, Luke Farrow c, Donnacha G. Doody c, Susanne Klages d, Chris Christophoridis e, Rozalija Cveji´c f, Matjaˇz Glavan f, Ingrid Nesheim g, Froukje Platjouw g, Isobel Wright h, Jenny Rowbottom h, Morten Graversgaard i, Cors van den Brink j,k, In^es Leitao~ k, Antonio´ Ferreira l, Sandra Boekhold a a National Institute for Public Health and the Environment (RIVM), PO Box 1, 3720 BA, Bilthoven, the Netherlands b Utrecht Centre for Water, Oceans and Sustainability Law, Utrecht University, Newtonlaan 231, 3584 BH Utrecht, the Netherlands c Agri-Food and Bioscience Institute, 18a, Newforge Lane, Belfast, Northern Ireland, UK d Coordination Unit Climate, Johann Heinrich von Thünen-Institute, Braunschweig, 38116, Germany e Environmental Pollution Control Laboratory, Chemistry Department, Aristotle University of Thessaloniki, University Campus, 54124, Thessaloniki, Greece f Biotechnical Faculty, Department of Agronomy, University of Ljubljana, Jamnikarjeva Ul. 101, 1000, Ljubljana, Slovenia g Norwegian Institute for Water Research, Gaustadall´een 21, NO-0349, Oslo, Norway h Lincoln Institute for Agri-Food Technology, University of Lincoln, Lincoln, UK i Department of Agroecology, Aarhus University, Blichers Alle 20, 8830, Tjele, Denmark j Royal HaskoningDHV, PO Box 8064, 9702, KB, Groningen, the Netherlands k Faculty of Spatial Sciences, Groningen University, PO Box 800, 9700 AV, Groningen, the Netherlands l Research Centre for Natural Resources, Environment and Society (CERNAS), Polytechnic Institute of Coimbra, Escola Superior Agraria´ de Coimbra, Bencanta, 3045- 601, Coimbra, Portugal ARTICLE INFO ABSTRACT Keywords: Over the last decades, nutrients and pesticides have proved to be a major source of the pollution of drinking Drinking water resources water resources in Europe. Extensive legislation has been developed by the EU to protect drinking water re­ Nitrate sources from agricultural pollution, but the achievement of water quality objectives is still an ongoing challenge Pesticides throughout Europe. Water framework directive The study aims to identify lessons that can be learnt about the coherence and consistency of the application of Multi actor platform Local governance EU regulations, and their effects at the local level, using qualitative expert data for 13 local to regional gover­ nance arrangements in 11 different European countries. The results show that the complexities and inconsistencies of European legislation drawn up to protect drinking water resources from agricultural pollution come forward most explicitly at local level where cross- sectoral measures have to be taken and effects monitored. At this local level, rather than facilitate, they hamper efforts to achieve water quality objectives. The upcoming revision of the Water Framework Directive (WFD) should strengthen the links between the different directives and how they could be applied at local level. In addition, a more facilitated cross-sectoral approach should be adopted to improve stakeholder networks, between institutional levels and hydrological scales, to attain policy objectives at local level. 1. Introduction framework that addresses both water and agricultural sectors, envi­ ronmental pollution and land use over the last decades (Platjouw et al., Currently, nitrates and pesticides are among the major sources of 2019). In addition to these legal obligations, many other initiatives have drinking water resources pollution in Europe (EEA 2018). In order to been developed at local and regional scales to further contribute to the reduce and mitigate emissions from agriculture to water and protect the protection of drinking water resources (Doody et al., 2012; Grave­ environment, the EU has developed an extensive regulatory and policy rsgaard et al., 2018), some of which had already begun in the nineties * Corresponding author. PO Box 1, 3720, BA, Bilthoven, the Netherlands. E-mail address: [email protected] (S. Wuijts). https://doi.org/10.1016/j.jenvman.2021.112270 Received 13 October 2020; Received in revised form 20 January 2021; Accepted 22 February 2021 Available online 15 March 2021 0301-4797/© 2021 The Author(s). Published by Elsevier Ltd. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). S. Wuijts et al. Journal of Environmental Management 287 (2021) 112270 (Quirin and Hoetmer 2019). marks the extent to which the jointly-agreed policy objectives can be These initiatives were often triggered by an increased awareness that recognised at different levels, and within different policy arenas, and existing legal frameworks were insufficient to adequately protect there is no contradiction between them. drinking water resources from agricultural pollution (Keessen et al., Several publications address the importance of analysing the impact 2011; Doody et al., 2012; Jacobsen et al., 2017). The directives had of governance on water quality outcomes (e.g. (Newig and Fritsch 2009; varying success in water quality improvement. The European Innovation Blackstock et al., 2012)). So far however, little empirical research has Partnership on Water (EIP Water) identified the ‘inconsistency and been done on the local governance arrangements that could contribute fragmentation of policies, regulations and governance structures’ as ‘low to better groundwater and surface water quality (Wuijts et al., 2017); hanging fruit’ whose improvement would greatly enhance the devel­ studies are often of an aggregated national or European level, for opment of the sector (EC 2014). This article aims to contribute to the instance to evaluate the implementation of a particular Directive (EC understanding how this ‘inconsistency and fragmentation of policies, 2018; EC 2019). regulations and governance structures’ impacts water quality improve­ This article aims to discuss from the local-regional perspective, (1) ment at the local level and what lessons can be learned from experiences whether the different parts of EU legislation and their mode of imple­ so far. Governance is defined here as a process of interaction between mentation strengthen or block one another, (2) whether local gover­ public and/or private actors, ultimately aiming at the achievement of nance arrangements can overcome potential gaps or spill-over effects in collective goals, including the knowledge, instruments and means to do this legal framework and (3) what lessons can be learnt to improve the so (Lange et al., 2013). protection of drinking water resources from agricultural pressures. To The inconsistency noted by the EC (2014) can to some extent be this end, governance arrangements in 13 case study areas in 11 Euro­ explained by the development of European environmental legislation pean countries were analysed, using the OECD principles on water over time. At first,directives focused on the protection and restoration of governance (OECD, 2015b) as the analytical framework and tested on water quality for specific water functions like drinking water (DWD, the criteria coherence, consistency and the attainment of objectives at 75/440/EEC) and groundwater (80/68/EEC). During a second phase, the local level. directives focused on the reduction of emissions such as the Nitrates Directive (ND, 91/676/EEC), the Sustainable Use of Pesticides Directive 2. Methodology (SUPD, 2009/128/EC) the Urban Wastewater Directive (UWWD, 98/15/EC) and the Integrated Pollution Prevention Control Directive 2.1. Case studies (IPPC, 96/61/EC). In this phase, legislation addressed water quality is­ sues from a sectoral point of view and less attention was paid to stake­ The effectiveness of EU legislation on the restoration of drinking holder involvement (Van Rijswick and Havekes 2012). A third phase in water resources and their protection from agricultural pollution was the development of European water quality law can be identified with examined using empirical research as carried out in the H2020- the introduction of the Water Framework Directive (2000/60/EC), FAIRWAY-project (www.fairway-project.eu, last accessed January reflecting the growing awareness that complex water issues cannot be 12th, 2021). For 13 case study areas in Denmark, England, France, addressed by legislation alone and are specific to a river basin (OECD Germany, Greece, the Netherlands, Northern Ireland, Norway, Portugal, 2015a, 2015b; Howarth 2017). The WFD, with its river basin approach, Romania and Slovenia, Multi Actor Platforms (MAPs) were installed or requires new governance arrangements for cross-sectoral cooperation are under construction aiming to facilitate aspects of local-regional with other stakeholders, both within and between Member States. governance approaches (Sundnes et al., 2020). These MAPs are a The shift towards governance-based approaches can be seen in na­ more-or-less ongoing mechanism for actors from different sectors and tional policies as well, although differences exist between Member levels, including farmers, advisors, drinking water companies, scientists States (Rowbottom et al., 2019). Several scholars noted that the mode of and policy makers, to meet regularly to foster the exchange
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